Data Providers. Licensor has in place and will use its best efforts to maintain legal agreements with Data Providers for the provision of availability, schedule and fare data for the operation of the Licensed Software. Furthermore, Licensor believes that its commercial arrangements presently in effect with Data Providers should enable Licensor to provide services in accordance with the terms of this Agreement. However, Licensee acknowledges and agrees that such Data Providers are third parties which are not in Licensor's control and which are subject to delay or failure. While Licensor agrees, as part of its obligations under this Agreement, to receive, load and manage such data, Licensor does not warrant the accuracy of such data. In addition, Licensor disclaims any and all liability resulting from or related to Data Providers' failure to provide data to Licensor in a timely fashion. In the event a Data Provider breaches the terms of a legal agreement with Licensor, and such breach has an adverse effect on Licensee, Licensor shall, upon Licensee's request, consult with Licensee as to Licensor's enforcement of its rights under such agreement; however, Licensor will retain complete discretion as to what, if any, action to take as a result thereof.
Appears in 2 contracts
Sources: Software Maintenance, Data Services and Operations Service Level Agreement (Orbitz Inc), Software Maintenance, Data Services and Operations Service Level Agreement (Orbitz Inc)